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Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

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Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#61

Earlier quoted context omitted.

For me, the fake cable makes them look dumb. But as Someone said, they seem to require a certain sized antenna. I couldn’t think of a better solution to hide one either. Note that I never said they suck, I was pretty certain that the $200 something is not all just the Apple tax ;)

You've twice mentioned a "fake cable" - what are you referring to?

The antenna stick. Don’t know how else to describe it ;)

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#62
To be fair, OnePlus Buds appear to be counterfeit AirPods in everything but the name. Same shape, same white plastic, same metal endcaps, same black dots, even the same case design.

In other words, a straight-up rip-off of Apple’s design with a few minor changes.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#63
post #62

To be fair, OnePlus Buds appear to be counterfeit AirPods in everything but the name. Same shape, same white plastic, same metal endcaps, same black dots, even the same case design. In other words, a straight-up rip-off of Apple’s design with a few minor changes.

Also it is far easier to produce counterfeit packaging than electronics in the US. If I was going to smuggle something in, I'd put it in other packages and then repack it here.

The best way to hide something is to mislabel it.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#64

The legal definition of counterfeit product (as realized by CBP's jurisdiction) boils down to: Bares a Registered Trademark and does not have a signed letter of authenticity by the trademark holder authorizing its import. That is super broad and covers a lot of things most people would think to be false positives like legit items sold second hand. But even that doesn't cover thinking OnePlus Buds are AirPods.

Isn't the fact that nobody involved in this seizure could tell that they weren't AirPods counterfeits a form of evidence that OnePlus Buds may in some circumstance be AirPods counterfeits?

Maybe it's evidence that AirPods are counterfeit OnePlus Buds.

If you want your customers to be assured of getting the genuine article you should put an actual trademark on your product. Apple shouldn't get to claim that anything with a minimalist design is a counterfeit Apple product.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#65

The products here may be considered legally counterfeit for one or more reasons other than simply using the word mark APPLE. For example: (1) trademark or trade dress infringement if the product's decorative features (color, etc.) or packaging copies a registered trademark of Apple, (2) copyright infringement if the product contains copied Apple code without a license,(3) patent infringement if the product implements…

Copyright and patents don't make sense, obviously the CBP doesn't reverse-engineer on imported products. The CBP will only seize them if the case has been already litigated, which is not what's going on here. CBP claims they're counterfeits, so the remaining option is a trademark/trade dress infringement, or a design patent infringement. Now the questions boils down to: Does Apple own any trademark or design patent on the physical appearance of AirPods that justifies the confiscation? I'm waiting for someone to check it.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#66

Sidebar: Why has the AirPod design become so ubiquitous? I always thought they were the ugliest earbuds since earbuds became small. Is there some technical reason they have this design? Or do people actually like it? Or is it simply the Apple effect?

I agree so much with this. I bet that 2 decades down the line, kids will look at pics of people roaming around with alien-probe like dangling earrings and thinking they look "cool" and judge them the same way my generation judged people in the 80s for their fashion sense (or the wall street types in the 90s/early 2000s for their douchey bluetooth headsets: https://www.blueshoon.com/wp-content/uploads/2016/03/Bluetoo... )

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#67
post #62

To be fair, OnePlus Buds appear to be counterfeit AirPods in everything but the name. Same shape, same white plastic, same metal endcaps, same black dots, even the same case design. In other words, a straight-up rip-off of Apple’s design with a few minor changes.

They look totally different from the side that is conveniently not visible in the picture on twitter.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#68
Not sure I understand how this is newsworthy exactly, people make mistakes (even those on HN) and there is due process and recourse for whoever was impacted by this mistake.

If the implication is that if law enforcement make mistakes they cannot be legitimate then I think we should just give up on the idea, but I guess this is more or less what is being advocated for, so maybe it can be stated more directly.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#70
post #68

Not sure I understand how this is newsworthy exactly, people make mistakes (even those on HN) and there is due process and recourse for whoever was impacted by this mistake. If the implication is that if law enforcement make mistakes they cannot be legitimate then I think we should just give up on the idea, but I guess this is more or less what is being advocated for, so maybe it can be stated more directly.

I guess it’s the fact that they proudly declared the seizure which was obviously a complete fail at even the briefest glance at the pictures they provided.

It’s funny and newsworthy.

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